Allowed

Ramjeet v. State of U.P. and 3 Others

Allahabad HC6 Jan 2021WRIC/25472/2020

Case brief

AI extract

What is this about?

Petitioner sought quashing of recovery citation for agricultural loan default. Court directed partial deposit before three weeks, remaining in quarterly installments, and waiver application consideration. No recovery charges upon full compliance.

What did the court decide?

Director to deposit Rs.50,000/- within three weeks; balance in five quarterly installments; waiver application permitted; recovery charges waived if compliance met.

Ramjeet Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2021)

¶1

Court No. - 37

¶2

Case :- WRIT - C No. - 25472 of 2020

¶3

Petitioner :- Ramjeet Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- C.S.C.,Yashwant Singh

¶4

Hon'ble Rajiv Joshi,J.

¶5

Vakaaltnama filed today by Sri Amrish Sahai, Advocate (Roll No. A/A 646/2012) on behalf of respondent-Bank is taken on record.

¶6

Heard Sri Bal Krishna Pandey, learned counsel for the petitioner, Sri Sri Amrish Sahai, learned counsel for respondentBank and learned Standing Counsel for the State respondents.

¶7

By this writ petition, the petitioner has prayed for quashing impugned recovery citation dated 29.10.2020 of Rs. 3,57,273/-.

¶8

Petitioner had taken a agriculture loan of Rs. 2,80,000/- from the respondent bank for agricultural purposes but due to some reason, the same could not run efficiently.Due to default being committed by the petitioner, recovery has been initiated.

¶9

Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount within the time fixed by this Court.

¶10

Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposit the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.

¶11

On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:

¶12

The petitioner shall deposit an amount of Rs.50,000/- within three weeks. On depositing the aforesaid amount, the bank shall provide a statement of account within three weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in five quarterly installments.

¶13

First installment be paid on or before 28.2.2021 and

¶14

thereafter within every three months. The amount shall be deposited by the petitioner in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.

¶15

In case the petitioner is covered under the Scheme in question for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.

¶16

Order Date :- 6.1.2021 S.K.

Ramjeet v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ramjeet v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smriti Rawat Vs Gufran Ahmad

Ajeet Kumar and Another Vs State of U.P. and 3 Others

Mohd. Nasir and Another Vs State of U.P. and 5 Others

Reshu and Another Vs State of U.P. and 3 Others

Shakti Dixit Vs State of U.P. and Another

Prem Chand Gupta Vs State of U.P. and 5 Others